1.    WELCOME AND CONSENT TO THESE TERMS
 

1.1    Welcome to dotsandcrosses.com.au (Site). This Site is owned and operated by Dots & Crosses Co (ABN 93 895 123 019) (referred to in these Terms as “we”, “us” and “our”). These terms of use (Terms), together with our Privacy Policy, apply to all visitors, subscribers, customers and other users of the Site and our social media channels (“user”, “you” and “your”).

1.2    By accessing and using our Site, our social media channels and any materials made available to you on or through the Site (whether available for purchase or not), you are taken to accept these Terms. You may also accept these Terms by clicking “Agree”, “Accept”, “Buy” or “Book” where that option is made available to you.
 

1.3    If you are uncertain about these Terms or anything else on our Site, please contact us at admin@dotsandcrosses.com.au before proceeding with any purchase or booking.

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2.    WHO CAN USE OUR SITE
 

2.1    By using the Site or availing of any services, you warrant that you:
 

a)    are at least 18 years of age and have the legal capacity to enter into a legally binding contract;
b)    have read and accepted these Terms; and
c)    will comply with these Terms.

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3.    CHANGES TO THESE TERMS
 

3.1    We may update these Terms from time to time. We will post the updated Terms on our Site with a revised Effective Date and, where a change is material, take reasonable steps to notify you. The updated Terms apply to your use of the Site from the revised Effective Date. If you do not agree with the updated Terms, you should stop using the Site.

3.2    Your continued use of our Site after the revised Effective Date is deemed acceptance of the updated Terms.

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4.    DIGITAL RESOURCES
 

4.1    Resource Definition:  Our Site contains materials such as checklists, guides, bump manuals, site cards, templates, blog and similar articles, and other similar content, including video and audio files (Digital Resources).

4.2    Limited Public Licence: If you are a general visitor to our Site, you are granted a non-exclusive, non-transferable, limited licence to view and access our Digital Resources for your own informational and professional development purposes only. This public licence does not grant you the right to download, adapt, or implement our Digital Resources in a commercial capacity.

4.3    Client Licence: The full commercial download, adaptation, and practical use of our Digital Resources for internal business operations and professional event planning purposes is strictly reserved for clients who have formally engaged our services under a separate Services Agreement.

4.4    Restrictions: You must not assign, sub-licence, transfer, redistribute, or sell our Digital Resources to any third party without our prior written consent. Except as explicitly authorised by us in writing, you have no right to modify, copy, reproduce, reverse engineer, or otherwise exploit our Digital Resources as a standalone asset.

5.    INTELLECTUAL PROPERTY
 

5.1    Our Site and services contain intellectual property owned by us and/or by third parties who license content to us (Third-Party Licensed Intellectual Property). This includes, without limitation, trade marks, copyright, proprietary information, designs and other intellectual property rights, as well as business names, logos, images, text, videos, audio files, graphics, other files and software (together, Content). Your access to and use of our Site, Digital Resources, services and Content does not transfer any rights, title or interest in any of the above to you.

5.2    No commercial use. You may not modify, publish, transmit, sell, create derivative works from, distribute, display, reproduce or in any way exploit our Site, Digital Resources, services, Content or Third-Party Licensed Intellectual Property, in whole or in part, without our prior written consent. We may immediately remove your access to our Site, Digital Resources, services and Content, without refund, if you violate this clause (subject to clause Your Rights under the Australian Consumer Law).
 

5.3    Limited licence. Where you download our Digital Resources or access our Content, you are granted a non-exclusive, non-transferable, limited licence to access and use them for your internal business operations and professional event planning purposes. You may not assign or transfer them to any other person without our express written consent.

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6.    AI TOOLS AND OUR CONTENT
 

6.1    You must not, without our prior written consent, input, upload or otherwise use our Site, Content, digital resources or intellectual property (in whole or in part) to: (a) reverse engineer, deconstruct, replicate or adapt them, including through the use of AI tools; or (b) input into, train, develop, improve or enhance any AI tool, model or algorithm. Nothing in any licence we grant you permits these uses. This clause survives termination of these Terms.

 

7.    LINKS TO OTHER WEBSITES

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7.1    Our Site and social media channels may contain links to websites operated by third parties. Unless we expressly say otherwise, we do not endorse, control or approve of, and are not responsible for, the content on those websites. It is up to you to decide whether those websites and their content are suitable for you.

 

8.    PRIVACY

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8.1    Our Privacy Policy explains how we collect, hold, use and disclose your personal information, and it forms part of these Terms. You can read it here: Dots & Crosses Privacy Policy. By using our Site you consent to the handling of your information as described in the Privacy Policy and warrant that any data you provide is accurate.

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9.    YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

 

9.1    Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL). For major failures with a service, you are entitled to cancel the contract with us and obtain a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

9.2    Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

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10.    ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

 

10.1    You agree that you will be bound by any affirmation, acceptance or agreement transmitted through our Site, including any consent you give to receive communications from us. When you click or tick “I agree”, “I consent”, “Accept”, “Subscribe” or similar options electronically, your agreement or consent is legally binding and enforceable and is the equivalent of your handwritten signature.

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11.    INFORMATION, NOT ADVICE
 

11.1    Content on our Site, including digital products, blog articles and other information, is general information only. It is not professional advice for your individual situation, and it does not create a professional or advisory relationship between us and you. You should seek advice tailored to your circumstances before acting on anything on our Site.

11.2    We do not accept responsibility for determining whether our Digital Resources and/or services are appropriate for you. We may decline to provide a Digital Resource or service, and refund what you paid for it, where we believe it would be inappropriate or unsafe for you or that professional advice should be sought first.

11.3    Where any content or response on our Site is generated or assisted by AI tools, it is provided for general information only, may contain errors or omissions, and is not professional advice. You should not rely on it without checking, and you remain responsible for how you use it.

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12.    HOW WE USE AI TOOLS

 

12.1    We use AI tools to help run our business and deliver our Site, services and content, for example to assist with content, design, research, administration and customer communications. A person reviews work before it is provided to you, and we remain responsible for what we deliver.
 

12.2    Some features of this Site, such as our chat or help tools, may be powered by AI. Responses are generated automatically, may not always be accurate, and are not professional advice. Please contact us if you need a definite answer.
 

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13.    REVIEWS, COMMENTS, AND USER CONTENT

 

13.1    We love hearing from you, on our blog, in reviews and on our social media channels. Where you submit feedback, reviews, comments or other content, you:
 

a)    warrant that you are the sole author and owner of the content (or have the permissions needed to share it), that it does not violate these Terms, and that you are at least 18 years old;
b)    give us permission to post or otherwise use that content on our Site, social media and other channels; and
c)    consent to us using the content in ways that would otherwise infringe your moral rights (as defined in the Copyright Act 1968 (Cth)), to the extent permitted by law.
 

13.2    We may remove any review or comment that is unlawful, abusive, obscene or defamatory, attacks a person, discloses personal information, or is unrelated to the content being reviewed. User reviews reflect their authors’ views, not ours, and we disclaim liability for content submitted by users to the extent permitted by law.
 

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14.    TESTIMONIALS AND CASE STUDIES
 

14.1    Our site may feature real client case studies to showcase the results of our services and highlight how our services work.  Any results shown demonstrate what can be possible, they are not a representation or guarantee that current or future clients will achieve the same or similar results.

14.2    Where you provide a testimonial (in any format), you agree that we may use it, along with your first name and other details you approve, on our Site, social media and other channels for promotional purposes.

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15.    PROHIBITED CONDUCT
 

15.1    In addition to any other prohibitions in these Terms, you must not use the Site or its Content:
 

a)    for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts;
b)    to violate any law, regulation, rule or ordinance;
c)    to change, remove, deface, hack or otherwise interfere with our Site or anything displayed on it, to corrupt data or to annoy other users;
d)    to infringe any other person’s intellectual property or other proprietary rights;
e)    to send spam or any other unsolicited advertising or promotional material; or
f)    to attempt to affect the performance or functionality of any computer facilities of, or accessed through, our Site.

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16.    WARRANTIES AND DISCLAIMERS

16.1    The Site is provided on an “as is” and “as available” basis and, to the fullest extent permitted by law (and subject to the Your Rights under the Australian Consumer Law clause), we make no representations or warranties that:
 

a)    the Site will be suitable, reliable, complete, secure, accurate or fit for any particular purpose;
b)    access will be uninterrupted or free of harmful components (including viruses) or other code that may cause harm; or
c)    communications or data will always be stored without loss.
 

17.    LIMITATION OF LIABILITY
 

17.1    To the fullest extent permitted by law, we and our related entities, and our and their respective directors, officers, employees and licensors, are not liable for any loss or expense, however arising (including without limitation any direct, indirect or consequential loss, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss or damage to property, or claims by third parties), arising from or in connection with your use of, or inability to access, our Site, any interruption or outage of our Site, or content on our Site being inaccurate, incomplete or out of date.
 

17.2    Where our liability cannot be excluded but can be limited, our liability for a breach of a condition, warranty or guarantee is limited to the extent permitted by section 64A of the Australian Consumer Law, at our option, to the resupply of the relevant services, or payment of the cost of resupply. Nothing in this clause affects the Your Rights under the Australian Consumer Law clause.

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18.    OUR RIGHT TO BE INDEMNIFIED BY YOU
 

18.1    To the fullest extent permitted by law, you agree to indemnify us and our related entities, and our and their respective officers, agents and employees, against any loss, liability, claim or demand (including reasonable legal fees) made by any third party due to or arising out of your use of our Site in violation of these Terms, your breach of these Terms or of any warranty you give in them, or your breach of any law or the rights of a third party.

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19.    WORKING WITH US ONE-ON-ONE / ENGAGING OUR SERVICES

 

19.1    Where you engage our services, we will issue you with a Engagement and Services Proposal (Additional Terms) containing terms specific to that arrangement. The Additional Terms operate together with these Terms and, to the extent of any inconsistency, the Additional Terms prevail.

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20.    BREACH AND TERMINATION

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20.1    The agreement formed by your use of the Site may be terminated:

a)    by us, where you breach any provision of these Terms; or
b)    by us at any time on notice, in which case the disclaimers, limitations of liability, indemnities and IP restrictions in these Terms survive termination, and you will no longer be authorised to access the Site.

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21.    GENERAL​

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21.1    Severability. If any provision of these Terms is held to be invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions remain in full force and effect.

21.2    Ceasing our website. We may discontinue our Site, or exclude any person from using it, at any time. To the extent permitted by law (and subject to the Your Rights under the Australian Consumer Law clause), we are not liable for loss arising from any such discontinuance or exclusion.

21.3    Assignment. We may assign, transfer or subcontract our rights and/or obligations under these Terms without notice to you or your consent. You may not assign, transfer or subcontract your rights or obligations under these Terms.

21.4    Entire agreement. These Terms (together with our Privacy Policy, any published disclaimers and any Additional Terms) constitute the entire agreement between us and you in relation to your use of our Site, and supersede all previous communications and agreements about the Site.

 

 

21.    GOVERNING LAW AND DISPUTES

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22.1    These Terms are governed by the laws of New South Wales, Australia. If a dispute arises, please contact us first, both parties agree to try in good faith to resolve any dispute quickly and cost-effectively before going further. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

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Download the Dots & Crosses Website Terms & Conditions of Use

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